A police officer Detective Inspector Amon Pazvakavambwa yesterday came under fire for lying to the court for him to get a warrant for search and seizure for call records in a case he was investigating.
Dect Insp Pazvakavambwa used false statements to obtain a warrant for search and seizure of call records for Delish Nguwaya, who is accused of extortion.Nguwaya’s lawyer Mr Admire Rubaya yesterday applied for cancellation of the warrant of search and seizure.
In his ruling, Harare magistrate Mr Vakayi Chikwekwe said the police should be professional and desist from using unorthodox and unscrupulous methods to obtain information.
“The police must be careful in their investigations and lay out meaningful facts,” he said.“Investigators must be professional. The police officer made the court to believe that the accused person was on the run.“He used a different CRB which belong to another person. Private communications are protected by the Constitution.“The matter is already at the defence case and if the police are pursuing other people they should have mentioned so.“The search warrant is therefore void and the information obtained should never be used anywhere by anyone.”
The court heard that Dect Insp Pazvakavambwa applied for the warrant of search and seizure on October 4, to obtain Econet Wireless call records.
“He supplied CRB 7878 /16 saying Nguwaya was arrested on August 18, this year and he did this under oath,” said Mr Rubaya.“The truth is that CRB 7878/ 16 belongs to Daniel Chakomora, who is facing assault while Nguwaya’s case is CRB7278 /16 and he is facing extortion charges.“He requested a call history between August to October 3 this year a period when trial had already started“This was because Nguwaya had lodged criminal complaints against Pazvakavambwa and Chief Superintendent Majachani.
“Pazvakavambwa is the investigating officer in Nguwaya’s extortion matter and the warrant for search and seizure was an attempt to get into Nguwaya’s private calls records.“The police also put down mobile numbers of other people alleged to be connected to Nguwaya.“Pazvakavambwa’s behaviour is deplorable and puts the judicial system in disrepute considering that he holds a commissioned rank.”
Nguwaya is accused of extorting $13 000 from Li Xiaozhong, who owns Prawell Bricks in Mt Hampden.The matter is pending at the Harare Magistrates’ Court and it is at the defence case. Herald